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Ruling: [In the first part, we saw that the only proof that pl had a right to receive the equipment in return other than the letter of admission, which should serve as the framework for def’s obligation to pl.]
The question remains as to the nature of the "loan." There is a legal model of a gift for a certain period of time and a model of a loan. One difference between them is whether the borrower has to pay for damage to the object, which pl claims occurred. Def is not responsible for normal depreciation (including certain objects, such as books, no longer being usable after years of use by children). This is because even a sho’el (classic borrower) is exempt in the case of meita machamat melacha (that which died or was destroyed through normal use) (Shulchan Aruch, CM 340:1). In order to be responsible for damages, one has to accept the responsibility, explicitly or implicitly. There is no proof, nor is it clear from the letter of admission, that def was aware of such a status.
Once pl’s daughter decided to open a preschool, pl had a right to demand return of the equipment, raising the question of who has to pay for moving the equipment (to a different part of the country). The halacha is that return of an object to the person who gave it over to be watched is at the place it was given over. Thus, def can return it to pl at her school. It just must be organized in a manner that pl has effective access to receive the equipment, including that pl must ensure the unfastening of equipment that was connected to the ground.
While pl demands payment for depreciation from the time dil left, she is entitled only from the time that her daughter started a school. Any use by pl after that time was improper and so she must pay for that depreciation.
Pl preferred to be paid the value of the equipment still in def’s possession rather than to have to transport used material. While beit din ruled that as long as the objects are intact, she has a right only to them, not their value, they urged the sides to agree to a compromise along the lines of partial compensation, which they did.
P'ninat Mishpat (829)
Various Rabbis
243 - The Return of Equipment
244 - The Return of Equipment that Was Given or Lent
245 - Closing the Door on the Window Maker
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P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part II
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part II
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
